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2014 (12) TMI 1154 - AT - Income TaxPenalty u/s 221 - Non deduction of TDS - held that:- CIT (A) recorded that the assessee did not make any payment either in cash or in cheque, to PCL Projects Ltd, therefore, the question of deduction of TDS does not arise. It was THDC which made payments directly to Rithwik Projects Ltd. There is also a finding that M/s. THDC deducted the tax on the joint venture and that the joint venture admitted the gross receipts and took credit of TDS and claimed refund also. These facts are not disputed by the Revenue in the grounds of appeal - when the assessee has admittedly not paid any amount to M/s Rithwik Projects Ltd and when the assessee has accounted for only the commission, the question of the assessee deducting the tax at source does not arise - Decided against Revenue.
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